Terms and Conditions
For licensing and using a MySiteNow website from Computing for Business Unlimited
In these terms and conditions the following terms shall have the meanings stated:
- "Agreement" — these terms and conditions, the Price and the Registration Details.
- "Problem Reporting facility" — the facility provided by Computing for Business Unlimited to register Problem Reports for the Service.
- "Price" — the Price agreed and payable for the Service, as may be amended from time to time by Computing for Business Unlimited.
- "Service" — the MySiteNow services that you choose to use.
- "Registration Details" — the personal information you provide on registration, for the Service and which may be subsequently changed or amended by you or on your behalf.
- "Start Date" — the date when the Service is first made available to you by Computing for Business Unlimited.
- "you/your" — the person with whom Computing for Business Unlimited is making the Agreement as specified in the Registration Details.
- Registering with the Service gives you the ability, using a computer equipped with a suitable internet browser, to access the Service or any subsequent upgrade to the Service that you may choose and that is available from Computing for Business Unlimited.
- The Service will be provided by Computing for Business Unlimited with reasonable skill and care and in accordance with the provisions of this Agreement.
- If you use the Service you agree that you do so without any conditions, guarantees, warranties, whether express or implied, including but not limited to any warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded to the maximum extent permitted by law. You will not hold Computing for Business Unlimited responsible for any loss of profit, business, opportunity, goodwill, reputation, revenue or savings you expect to make, wasted expenditure or data being lost or corrupted. Nor will you hold Computing for Business Unlimited liable for damages which may or may not have been foreseeable at the time you entered the contract.
- You may at any time during the term of your Agreement upgrade your service. In the event that you upgrade your service Computing for Business Unlimited reserves the right to make an additional charge.
- The Registration Details that you provide shall be true, accurate and complete. You agree to inform Computing for Business Unlimited of any changes to your Registration Details immediately by updating your details online as provided by the Service. If you are not the same person as the person who pays the Charges (the 'bill payer'), then you warrant that you have informed and have obtained from the bill payer the necessary consents and permissions for registering or changing account payment details and to allow Computing for Business Unlimited to process such details.
- Computing for Business Unlimited will respect your personal information and that of your clients and undertakes to comply with all applicable UK Data Protection legislation. By signing up for the Services you consent to our using and/or disclosing your personal data as follows:
- providing or arranging for third parties to provide any part of the Services including but not limited to customer care facilities and billing, email and tools and services, which may involve disclosing information about you to third parties solely for this purpose.
- providing you with communications about our Services, special announcements including but not limited to instructions, information, changes to the products, services and prices, organisational and administrative changes.
- Other than as required by law, or as permitted under this Agreement, Computing for Business Unlimited shall not disclose your Registration Details or those of your clients to any third party without your permission.
Computing for Business Unlimited Obligations
- In consideration of the Charges, Computing for Business Unlimited shall provide the Service in accordance with the terms and conditions of this Agreement. You acknowledge that Computing for Business Unlimited's provision of the Service and its ability to provide the Service is dependent upon the world wide web and its ability to provide certain parts of the Service to Computing for Business Unlimited. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service or its speed of operation.
- You acknowledge that Computing for Business Unlimited cannot warrant that the Service will be interruption free or that the transmission of information through the Service will be 100% secure (subject to the security measures taken by Computing for Business Unlimited). The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid), for any considerable length of time, Computing for Business Unlimited shall use reasonable endeavours to give you as much notice as possible.
- You acknowledge that it is technically impracticable to provide the Service entirely free from errors and/or faults, and Computing for Business Unlimited does not undertake to do so. Computing for Business Unlimited shall provide a Problem Reporting facility to enable Problem Reports to be registered and resolved and shall use its best endeavours to correct any significant faults, but does not warrant that all faults will be corrected.
- Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
- Computing for Business Unlimited shall provide support through its Problem Reporting facility on any technical issues arising from using the Service.
- You agree that you will be responsible for all charges necessary to access and use the Service.
- You will be allocated both a username and a password in order to access the Service and you will be responsible for keeping your password confidential and agree to take all necessary steps to ensure that it is kept secure and is not disclosed to any unauthorised person. You will inform us upon becoming aware of any suspected or actual unauthorised use of the Service and will take all steps necessary (or requested by us) to prevent such use.
Use of the Service
- You shall not use the Service: (a) in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; (b) without prejudice to the generality of Sub-clause (a) above, in connection with the carrying out of a fraud or criminal offence against Computing for Business Unlimited; (c) to provide information or feedback to another company or organisation for competitive purposes; (d) in a way that does not comply with any instructions given by Computing for Business Unlimited.
- You shall not to use the Service to send, post or display any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, obscene, gratuitously offensive, profane, or pornographic, or which promotes, encourages or facilitates violence, or which promotes the armaments industry or the tobacco industry, or which violates any applicable law, and you hereby indemnify Computing for Business Unlimited against any loss, liability, damage or expense of whatever nature which Computing for Business Unlimited or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Service to send, post or display any such message or material.
- Computing for Business Unlimited shall have the right to enforce such provisions set out in Clauses 1 and 2 above by suspending or terminating the provision of the Service to you if Computing for Business Unlimited knows or believes you are in breach of such obligations.
- You will indemnify Computing for Business Unlimited against any claims or legal proceedings that are brought or threatened against Computing for Business Unlimited by a third party: (a) because the Service is used in breach of Clause 1 (a) to (d) inclusive of this section or Clause 2 of this section; or (b) in circumstances where you are in breach of Clause 3 (of this section).
- You will notify Computing for Business Unlimited of any such claims or proceedings and keep Computing for Business Unlimited informed as to the progress of such claims and proceedings.
- Computing for Business Unlimited operate a Fair Use Policy that is designed to make sure our website service is fast and reliable whenever you use it. As a consequence we retain the right to restrict the size of websites and web pages used on MySiteNow websites. Such limits are only applied where usage is deemed (solely at our discretion) to be excessively large. If we have to apply these limits to your website you will be contacted by us to discuss your usage further and we will endeavour to meet your specific requirements where practicable. We also limit the sizes of documents and images that you upload in order to ensure that your site will operate quickly and efficiently.
Intellectual Property Rights
- You will agree to enter into any agreement reasonably required by the owner of the copyright in any software made available to you for the purpose of accessing the Service.
- You acknowledge and agree that all intellectual property rights in the Service are vested and shall remain vested in Computing for Business Unlimited.
- Computing for Business Unlimited will indemnify you against all claims and proceedings arising from the infringement of any intellectual property rights by reason of Computing for Business Unlimited's provision of the Service to you. As a condition of this indemnity you must: (a) notify Computing for Business Unlimited promptly in writing of any allegation of infringement; (b) make no admission relating to the infringement; (c) allow Computing for Business Unlimited to conduct all negotiations and proceedings and give all your assistance in doing so (Computing for Business Unlimited will pay your reasonable expenses for such assistance); and (d) allow Computing for Business Unlimited to modify the Service so as to avoid the infringement provided that the modification does not materially affect the performance of the Service.
- The indemnity in this section does not apply to infringements caused by the use of the Service in conjunction with other software not supplied by Computing for Business Unlimited or to infringements caused by designs or specifications made by you, or on your behalf. You will indemnify Computing for Business Unlimited against all claims, proceedings and expenses arising from such infringements or alleged infringements.
- The Charges shall apply from the Start Date. You shall pay the Charges in accordance with the Computing for Business Unlimited payment terms.
- In the event that the Charges are not paid to Computing for Business Unlimited as they fall due, Computing for Business Unlimited reserves the right to suspend and/or terminate the Service and take such necessary action to recover sums due to Computing for Business Unlimited including any costs associated with collecting such sums.
- In the event that Computing for Business Unlimited suspends the Service to you pursuant to any breach by you of our payment terms or in accordance with any pertinent clauses pursuant to this Agreement, you will be required to pay the Charges for the period that the Service is suspended including but not limited to any arrears of the Charges.
- Computing for Business Unlimited reserves the right to vary the Charges at any time on giving you 30 days notice in writing.
Limitation of liability
- Computing for Business Unlimited accepts unlimited liability for death or personal injury resulting from its negligence.
- Neither party shall be liable to the other, either in contract, tort (including negligence) or otherwise for direct or indirect loss of profits, business or anticipated savings, nor for any indirect or consequential loss or damage or for any destruction of or impairment of access to any data arising in relation to this Agreement including, without limitation, Computing for Business Unlimited's ability to provide the Service.
- The liability of Computing for Business Unlimited in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to the price paid by you for the Charges in the year (commencing from the Start Date or any anniversary of the Start Date) in which the liability first arose.
- Each provision of this Agreement, excluding or limiting liability, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
Term and termination
- This Agreement may be terminated at any time prior to the Start Date. After the Start Date this Agreement may be terminated as follows and the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 (the "Distance Selling Regulations") will not apply to the Service:
- By you on the anniversary of the Start Date by not renewing your yearly subscription.
- Either party may terminate this Agreement immediately, on notice if the other:
- commits a material breach of this Agreement, which is capable of remedy, and fails to remedy the breach within a reasonable time of a written notice to do so; or
- commits a material breach of this Agreement which cannot be remedied; or
- is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of their creditors, or goes into voluntary (otherwise than for reconstruction or amalgamation), or compulsory liquidation or a receiver or administrator is appointed over their assets.
- If any of the events detailed in the sub-clause above occur as a result of your default, Computing for Business Unlimited may suspend the Service without prejudice to its right to terminate this Agreement. Where the Service is suspended under this clause you must pay all the Charges due in respect of the Service until this Agreement is terminated.
In the event that Computing for Business Unlimited agrees to you terminating this Agreement before the anniversary of the Start Date, you must pay all the Charges due up to and including the date of expiry.
Termination in accordance with this clause shall not prejudice or affect any right of action or remedy which shall have accrued or shall thereafter accrue to either party and all provisions which are expressed to survive this Agreement or impliedly do so shall remain in full force and effect.
- If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform.
- If any of the events detailed in this section continue for more than one month either party may serve notice on the other terminating this Agreement.
- Computing for Business Unlimited reserves the right to vary the terms of this Agreement or the nature of the Service (where the technical specification of the Service is varied) at any time and Computing for Business Unlimited will inform you of any such changes through email, newsletter or such other medium, as Computing for Business Unlimited considers appropriate.
- The Agreement shall be governed by and construed in accordance with English Law and the parties hereby agree to submit to the exclusive jurisdiction of the High Court of England in respect of any dispute or matter arising out of or in connection with the Agreement.
- This Agreement constitutes the entire agreement between the parties and supersedes representations, communications and prior agreements (oral or written). This Clause shall not apply to any statement, representation, or warranty made fraudulently, or to any provision of this Agreement that was induced by fraud for which the remedies available shall be all those available under the law.
- Any notice or other communication to be given under the Agreement must be in writing to the other party and may be delivered or sent by email, pre-paid first class letter post or fax transmission at the party to be served last known address. Any notice or document shall be deemed served if delivered, at the time of delivery; emailed, at the time of delivery to your email server; posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
- This Agreement shall not be assigned, sub-contracted, novated, sub-licensed or otherwise disposed of by you. Computing for Business Unlimited reserves the right to assign, sub-contract or otherwise transfer its obligations to provide the Service to any third party.
- The illegality, invalidity or unenforceability of any provision this Agreement shall not affect the continuation in force of the remainder of this Agreement.
- A person who is not party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. This clause does not affect any right or remedy of any person that exists or is available or otherwise than pursuant to that Act.
These pages were revised 09 January 2010 and are subject to copyright © Computing for Business Unlimited.
'Computing for Business Unlimited' is a trading name of David Brown Consulting.
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